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Bail has been granted in district court. Now the situation is both the party(male and female) want a relief from all harassment and want withdraw the case. The complainant already done the affidavit for withdraw the case and submitted to police station...... So Kindly help us if anybody can... Thanks
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Courts are very strict nowadays and do not allow a complainant to withdraw a case as that of rape etc.. There is a very bleak chance that in view of a genuine reason for withdrawal, the court may allow you to withdraw the case. If the Complainant and the Accused agree or come to an understanding outside the court then the criminal case or FIR can be withdrawn by any of the following appropriate steps:
1: Under Section 257 of Cr.P.C Criminal Complaint can be withdrawn by the Complaint by a petition to the court.
2: Under Section 321 of Cr.P.C Criminal Complaint can be withdrawn by a petition to the court by the Public Prosecutor.
3: Under Section 320 of Cr.P.C a Compromise Petition can be filed by the Complainant in the appropriate Court.
Step 4: Under Section 482 Cr.P.C Quashing of FIR can be done by the High Court by a Joint Petition by the Complainant and the Accused.
If you compromise then you can go to before the Ld.court and file a compromise petition with your Advocate.
With in 2 month Ld. Court dispose the case.
A criminal.case.cannot be withdrawn from the court.
Though you can file for quashing petition on mutual.comsent in high court and the case be closed by that petition
Hi, you can provide the affidavit before high court and file for quashing of FIR under section 482 Crpc
File for quashing in HC based on settlement arrived at between the parties
1. The sections charged against the accused persons are non compoundable in nature and hence can't be compromised in court.
2. Though the high court under section 482 of crpc has jurisdiction to quash the non compoundable offences, in the context of the decision of supreme court in Gian Sing vs state of P&H cases of rape even if settled by the parties can't be quashed by high court.
3. So only option left is to face trial when on recording of statements of the victim girl the court acquits the accused persons.
4. There are measures to expedite the trial. If you wish to seek assistance on this feel free to contact.
It can only be done from court and it cannot be wihdrawn rather it needs to be quashed.
1. IF the case is filed by Police /State, THEN it CANNOT be withdrawn.
2. IF the case is filed in Court as a Private Complaint, ONLY THEN it can be withdrawn.
Keep Smiling .... Hemant Agarwal
Supreme Court has ruled that a compromise in a rape case is not permissible.
Having said that, you may still take your chance and approach the High Court to get this matter compromised.
If the police has not registered the FIR then it is possible to withdraw the complaint, but if they have registered FIR then you have no option than to file a quash petition before high court to quash the FIR in which she can give an affidavit before the high court expressing hr no objection to quash the same.
Hi, for quashing of FIR a case can be filed in High Court.
1. Since 376 is non bailable and non compoundable offence therefore the same can not be taken back by a party.
However, if the police is ready to do the compromise it is well and good.
At what stage the case is?
Charge sheet has been filed or not?